Quote:
Originally Posted by Skeeve
Do you know anyone who really read any "terms and conditions" besides those really interested in legal stuff?
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Whether you read them or not, they're what you agree to when you register. Whether or not they're enforceable is another matter entirely. I'm not a lawyer, so I don't really know. However, The Passive Voice had a
post recently about the Blurb TOS. This bit is relevant to the question of whether or not a typical website's TOS are enforceable:
Quote:
While PG doesn’t do litigation any more, he would love to put a great many of these bloated Terms of Service focused on non-lawyers in front of a judge and attack them on various grounds, including unconscionability and impenetrability by persons of normal backgrounds and intelligence.
One of the things PG would do is call the CEO of the company to the witness stand and ask him/her to explain the meaning of various parts of the TOS. That would be a lovely show.
One of the most basic principles of contract law is that a contract constitutes a meeting of the minds between two parties. If a TOS is so complex and lengthy that a non-lawyer mind cannot understand it, how can two minds meet?
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